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House advances bill to extend hearsay exception to 13–15‑year‑olds in abuse cases
Summary
The House adopted a House Judiciary Committee amendment to H5, expanding an existing hearsay exception in limited proceedings to include children ages 13–15 who are putative victims of abuse; the amendment changes the effective date to July 1, 2026 and the bill was ordered for third reading after committee presentation and a voice vote.
The House advanced House Bill 5, which would expand Vermont’s existing hearsay exception to allow courts, under strict judicial oversight, to consider certain out‑of‑court statements by children ages 13–15 when the child is a putative victim of abuse or assault.
Representative Dolan (Member from Essex Junction), speaking for the House Judiciary Committee, said the committee’s amendment extends the rule to children 13–15 "when the child is a putative victim of abuse or assault," and emphasized that the change does not create a new hearsay exception but expands age eligibility for a narrowly applied evidentiary rule with judicial safeguards. The committee reported the bill favorably by a vote of 10‑0‑1 and recommended adoption of the committee amendment changing the effective date to July 1, 2026. The House adopted the committee amendment by voice vote and ordered third reading.
The committee presentation outlined that the amendment modifies rule 804(a) of the Vermont Rules of Evidence to move the age threshold and retains multiple safeguards: the court must find statements relate directly to the alleged offense, were not taken in preparation for litigation, that the child is available to testify, and that time, content and circumstances make the statements trustworthy. The measure was described as aligning Vermont law with research on adolescent development while preserving due process protections for defendants.
